[HISTORY: Adopted by the Borough Council of the Borough of Mount Joy 12-7-1970 by Ord. No. 342 (Ch. 1, Part 1B, of the 1992 Code of Ordinances); amended in its entirety 1-4-2021 by Ord. No. 3-21. Amendments noted where applicable.]
The office of Borough Manager is hereby created by the Borough of Mount Joy.
The Manager shall be appointed for an indefinite term by a majority of all members of Council. The Manager shall serve at the pleasure of the Council, and he/she may be removed at any time by a majority vote of all its members.
The Manager shall be chosen solely on the basis of his/her executive and administrative abilities, with special reference to training, education, and/or experience in Borough management. The Manager need not be a resident of the Borough or of the Commonwealth of Pennsylvania at the time of his/her appointment but, upon appointment, must become and remain a resident of the Borough during his/her tenure in office; provided, however, that the Manager may reside a reasonable distance beyond the corporate limits of the Borough upon being granted permission to do so by Council at any time following his/her appointment. Such permission, if granted, shall be considered permanent for the Manager requesting said permission and may not be revoked during his/her tenure in office.
Before entering upon his or her duties, the Manager shall give a bond to the Borough with a bonding company as surety, to be approved by the Council, conditioned upon the faithful performance of his or her duties, the premium for said bond to be paid by the Borough, except where he/she is automatically bonded or otherwise insured via the Borough's general insurance coverage.
The Borough Manager's salary, benefits, expenses, vacation and paid time off shall be determined by Council.
A. 
The Manager shall be the chief administrative officer of the Borough, and he/she shall be responsible to the Council as a whole for the proper and efficient administration of the affairs of the Borough. The powers and duties of administration of all Borough business shall be vested in the Manager, unless expressly imposed or conferred by statute upon other Borough officers.
B. 
Subject to recall by ordinance of Council, the powers and duties of the Borough Manager shall include the following:
(1) 
Supervise and be responsible for the activities of all Borough departments, except for the Police Department, which may be granted to him/her at the discretion of the Mayor.
(2) 
Appoint, suspend, or remove with the advice and consent of Council all department heads except the Police Chief on the basis of merit system principals. The Manager may, if Council desires, assist the Council with the appointment of a Police Chief. Any employee so removed shall have the right of appeal to the Borough Council.
(3) 
Appoint, suspend or remove with the advice and consent of Council all other Borough employees on the basis of the merit system principals (except where tenure provisions apply). This subsection shall not apply to the Solicitor or Engineer. The Manager may authorize any department head to exercise such policies or power with respect to his or her subordinates, providing any such authorized exercise shall ultimately be subject to the Manager's supervision, review and modification, as well as the advice and consent of Council. The Manager shall fix the wages for Borough employees not covered by a collective bargaining agreement or employee agreement, provided any wage increases fall within the parameters of Council's established wage ranges for each Borough department as set from time to time.
(4) 
Prepare and submit annually to Council, according to state uniform budget requirements, a budget for the next fiscal year. In preparing the budget, the Manager, or an officer designated by him/her, shall obtain from the head of each department, agency or board, or any qualified officer thereof, estimates of revenues and expenditures and such other supporting data as he/she requires. The Manager shall review such estimates and may revise them before submitting the budget to Council.
(5) 
Exercise control over the administration of the budget after its adoption by Council.
(6) 
Develop long-range fiscal plans for the municipality, such plans to be presented annually to Council for its review and adoption.
(7) 
Hold such other Borough offices and head such Borough departments as Council may from time to time direct and hold such offices with Mount Joy Borough Authority as Council may permit.
(8) 
Attend all meetings of Council and its committees with the right to take part in the discussions, but not to vote, and shall receive notice of all special meetings of Council and its committees.
(9) 
Prepare the agenda for each meeting of Council and supply facts pertinent thereto; be responsible for recording minutes of each meeting and distributing them to members no later than 48 hours prior to the next regular meeting; and perform or be responsible for the performance of all duties generally required to be performed by a Borough Secretary.
(10) 
Keep Council informed as to the conduct of Borough affairs; submit monthly reports on the condition of the Borough finances and such other reports as Council requests; and make such recommendations to Council as he/she deems advisable.
(11) 
Ensure that the provisions of all franchises, leases, and permit privileges granted by the Borough are observed.
(12) 
Employ by and with the approval of Council, experts and consultants to perform work and to advise in connection with any of the functions of the Borough.
(13) 
Attend the letting of contracts in due form of law, and supervise the performance and faithful execution of the same, except insofar as such duties are expressly imposed by statute upon some other Borough officer.
(14) 
Ensure that all money owed the Borough is promptly paid, and that proper proceedings are taken for the security and collection of all the Borough's claims.
(15) 
Be the purchasing officer of the Borough, and he/she shall purchase, in accordance with the provisions of the Borough Code, all supplies and equipment for the agencies, boards, departments, and other offices of the Borough, keeping an account of all purchases and shall, from time to time or when directed by Council, make a full written report thereof. The Manager shall also issue rules and regulations, subject to the approval of Council, governing the procurement of all Borough supplies and equipment. Be responsible for the care and maintenance of all Borough property, buildings and equipment.
(16) 
All complaints regarding Borough services, except those related to the Police Department, shall be referred to the office of the Manager. The Manager, or an officer designated by him/her, shall investigate and dispose of such complaints, and the Manager shall report thereon to Council. The Police Chief shall investigate and dispose of such complaints regarding the Police Department, and shall keep the Manager informed of his or her actions.
(17) 
Keep the citizens informed as to conditions, plans, requirements, regulations and procedures by notices and articles posted and published in local papers and such other means as may be suitable. Perform such other duties as may be required by Council.
The Mayor is hereby authorized to delegate to the Borough Manager, subject to revocation by written notification at any time, any of his/her nonlegislative and nonjudicial powers and duties.
In the relationship between Council and Manager, Council shall act as a body in all its dealings with the Manager. Individual members of Council shall refrain from interfering with the Manager or any authorized personnel of the Borough in the performance of their duties, and all members of Council and its appointed bodies, except for purposes of inquiry, shall deal with administrative matters solely through the Manager. However, nothing herein shall prevent Council from establishing a committee of its own members to review the operations and legislative needs of the Borough departments or from assigning its members to liaison relationships with boards, commissions and authorities.
If the Manager becomes ill or needs to be absent from the Borough, he/she shall designate one qualified member of his or her staff to perform the duties of the Manager during his or her absence or disability and inform Council. The person so designated shall not perform these duties beyond the next regular Council meeting without the approval of Council.